TITLE 4. AGRICULTURE

PART 2. TEXAS ANIMAL HEALTH COMMISSION

CHAPTER 51. ENTRY REQUIREMENTS

The Texas Animal Health Commission (Commission) in a duly noticed meeting on May 6, 2025, adopted amendments to Title 4, Texas Administrative Code, Chapter 51 titled "Entry Requirements." Specifically, the Commission adopted amendments to §51.1 regarding Definitions and §51.4 regarding Shows, Fairs, and Exhibitions. The amendments to §51.4 are adopted with nonsubstantive changes to the proposed text published in the March 14, 2025 issue of the Texas Register (50 TexReg 1885) to correct a typographical error. The rule will be republished. The amendments to §51.1 are adopted without changes to the proposed text and will not be republished.

JUSTIFICATION FOR RULE ACTION

A member of the public petitioned the Commission for a rule change to modify the requirements for Texas origin animals entering Texas exhibition events. The petitioner explained that the current regulations made it expensive for youth competitors to participate in small family-run or 4H/FFA volunteer shows because of the cost of obtaining a certificate of veterinary inspection (CVI) for each show when out-of-state animals are present.

The petitioner requested that the Commission consider removing the requirement that Texas origin animals obtain a CVI for each exhibition.

According to the petitioner, many exhibitors are unable to obtain CVIs for multiple shows due to the cost, only allowing wealthy exhibitors to attend multiple shows, causing a disadvantage to some youth exhibitors. Elimination of the requirement would help level the playing field for all youth competitors.

The petitioner also pointed out that the current rule requires show sponsors to bar out-of-state participants for Texas only shows if they want to eliminate the requirement for Texas participants to have CVIs, resulting in loss revenue from out-of-state participants. The petitioner noted that out-of-state participants provide additional income to local businesses, particularly restaurants, hotels, gas stations, and feed/tack supply stores.

Currently, Commission rules distinguish between interstate shows and intrastate shows and have different entry requirements for each. The Commission considers shows, fairs, and exhibitions to be interstate if they permit livestock and poultry from other states to enter for show or exhibition and be held or exhibited in common facilities with Texas origin livestock and poultry of the same species. For interstate shows all animals must meet the out-of-state entry requirements which includes obtaining a CVI. The Commission considers shows, fairs, or exhibitions to be intrastate if they only allow Texas animals to enter or if they require Texas livestock and poultry of the same species to be housed and exhibited separately from livestock and poultry from out of state. For intrastate exhibitions, CVIs are not generally required.

Any time animals congregate from multiple premises there is an increased risk of disease transmission. The purpose of the entry requirements for shows, fairs, and exhibitions is to reduce the risk of disease transmission and ensure the Commission can perform a disease investigation if needed.

In reviewing the petition, staff at the Commission looked at the overall risk of disease transmission from Texas origin animals and at alternative ways a disease investigation could be conducted. Staff concluded that disease risk was not appreciably higher for interstate shows as long as out-of-state origin animals meet the Texas entry requirements. Staff also concluded that a disease investigation could be accomplished by obtaining information about participants from the show sponsor. Because sponsors typically gather information regarding the animals during the registration process, such as owner information, species, breed, sex, and age, it should not cause unreasonable burden on show sponsors. Commission staff found this recordkeeping would eliminate the need for CVIs for Texas origin animals.

After consideration of the petition, the Commission proposed amendments to the rules that will add a recordkeeping requirement for sponsors of shows, eliminate the distinction between interstate and intrastate shows, maintain entry requirements for out-of-state participants, and eliminate the need for Texas participants to meet the same standards of out-of-state participation. These changes will reduce the barriers for entry to shows, fairs, and exhibitions for Texas participants. Entry requirements for out-of-state participants cannot be reduced further without conflicting with existing federal requirements.

HOW THE RULES WILL FUNCTION

Section 51.1 removes the definition of "interstate show" and adds a definition for "official identification."

Section 51.4 sets forth the requirements for entry requirements for shows, fairs, and exhibitions. The amendments add a recordkeeping requirement for sponsors of shows, eliminate the distinction between interstate and intrastate shows, maintain entry requirements for out-of-state participants, and eliminate the need for Texas participants to meet the same standards of out-of-state participation.

SUMMARY OF COMMENTS RECEIVED AND COMMISSION RESPONSE

The 30-day comment period ended April 13, 2025.

During this period, the Commission received comments from 38 individuals in support of the rule. A summary of the comments relating to the rules and the Commission's response follows.

Comment: 38 individual commenters were supportive of the Commission's proposal to remove CVI requirements for in-state participants, noting that the change will greatly reduce the burden on youth participants without compromising animal health and biosecurity.

Response: The Commission thanks the commenters for the feedback. No changes were made as a result of these comments.

STATUTORY AUTHORITY

The amendments are authorized by Texas Agriculture Code, Chapter 161.

Pursuant to §161.041, titled "Disease Control", the Commission shall protect all livestock, exotic livestock, domestic fowl, and exotic fowl from diseases the Commission determines require control or eradication. Pursuant to §161.041(b) the Commission may act to eradicate or control any disease or agent of transmission for any disease that affects livestock, exotic livestock, domestic fowl, or exotic fowl. The Commission may adopt any rules necessary to carry out the purposes of this subsection, including rules concerning testing, movement, inspection, and treatment.

Pursuant to §161.043, titled "Regulation of Exhibitions", the Commission may regulate the entry of livestock and may require certification of those animals as reasonably necessary to protect against communicable diseases.

Pursuant to §161.046, titled "Rules", the Commission may adopt rules as necessary for the administration and enforcement of this chapter.

Pursuant to §161.047, titled "Entry Power", a commissioner or veterinarian or inspector employed by the Commission may enter public or private property for the exercise of an authority or performance of a duty under Chapter 161.

Pursuant to §161.048, titled "Inspection of Shipment of Animals or Animal Product", the Commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved. An agent of the Commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state to determine if the shipment originated from a quarantined area or herd; or determine if the shipment presents a danger to the public health or livestock industry through insect infestation or through a communicable or non-communicable disease.

Pursuant to §161.054, titled "Regulation of Movement of Animals; Exception", the Commission may by rule regulate the movement of animals, and may restrict the intrastate movement of animals even though the movement of the animals is unrestricted in interstate or international commerce. The Commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved.

Pursuant to §161.056(a), titled "Animal Identification Program", the Commission, to provide for disease control and enhance the ability to trace disease-infected animals or animals that have been exposed to disease, may develop and implement an animal identification program that is no more stringent than a federal animal disease traceability or other federal animal identification program. Section 161.056(d) authorizes the Commission to adopt rules to provide for an animal identification program more stringent than a federal program only for control of a specific animal disease or for animal emergency management.

Pursuant to §161.0601, titled "Certificates of Veterinary Inspection", the Commission by rule may provide for the issuance of certificates of veterinary inspection by a veterinarian to a person transporting livestock, exotic livestock, domestic fowl, or exotic fowl.

Pursuant to §161.081, titled "Importation of Animals", the Commission by rule may provide the method for inspecting and testing animals before and after entry into the state of Texas. The Commission may create rules for the issuance and form of health certificates and entry permits.

No other statutes, articles, or codes are affected by this proposal.

§ 51.4. Shows, Fairs and Exhibitions.

(a) Sponsor Recordkeeping

(1) A sponsor must maintain the following records for each animal entered into a show, fair, or exhibition:

(A) owner's name and contact information, including address;

(B) county of origin;

(C) a description of the animal including sex, age, and breed, and, if applicable, official identification, validation information, tag numbers, tattoos, brands, and registration;

(D) information regarding the stall or pen that the animal was kept during the event, if applicable; and

(E) the buyer's name and contact information, including address, if the animal is sold at the show, fair, or exhibition.

(2) A sponsor must maintain records for one year after the date of the event.

(3) The sponsor must provide the records to Commission personnel upon request.

(b) Requirements for out-of-state origin animals.

(1) Cattle

(A) Certificate of Veterinary Inspection. All out-of-state origin cattle must have a valid Certificate of Veterinary Inspection (CVI).

(B) Official Identification. All out-of-state origin cattle of any age must be identified using official identification regardless of age or breed.

(C) Permit Requirements. Out-of-state origin cattle must meet the permit requirements contained in §51.8 of this title (relating to Cattle).

(D) Testing Requirements. Out-of-state origin cattle must meet the testing requirements contained in §51.8 of this title.

(E) Vaccination Requirements. Out-of-state origin cattle must meet the brucellosis vaccination requirements contained in §35.4 of this title (relating to Entry, Movement, and Change of Ownership).

(2) Equine

(A) Certificate of Veterinary Inspection. All out-of-state origin equine must have one of the following: a valid Certificate of Veterinary Inspection (CVI); a valid equine interstate passport; or a valid equine identification card.

(B) Testing Requirements.

(i) Equine Infectious Anemia (EIA). All out-of-state origin equine must have one of the following: proof of a negative result to an official Equine Infection Anemia (EIA) test within the previous 12 month if travelling on a Certificate of Veterinary Inspection (CVI); a valid equine interstate passport; or equine identification card.

(ii) Piroplasmosis. Equine entering a racetrack facility must meet the Piroplasmosis requirements for testing in §49.5 of this title (relating to Piroplasmosis: Testing, Identification of Infected Equine).

(3) Exotic Livestock and Fowl

(A) Certificate of Veterinary Inspection. All out-of-state origin exotic livestock and fowl must have a valid Certificate of Veterinary Inspection (CVI).

(B) Official Identification. All out-of-state origin exotic Cervidae, Bovidae, Swine, and Ratites must be identified using official identification.

(C) Permit Requirements. Out-of-state origin exotic livestock and fowl must meet the permit requirements contained in §51.9 of this title (relating to Exotic Livestock and Fowl).

(D) Testing Requirements. Out-of-state origin exotic livestock and fowl must meet the testing requirements contained in §51.9 of this title.

(E) Sale of Exhibition Exotic Fowl. All out-of-state sellers of live exotic fowl who do not participate in a qualifying disease surveillance program recognized by the Commission must register under Chapter 54 of this title.

(4) Goats

(A) Certificate of Veterinary Inspection. All out-of-state origin goats must have a valid Certificate of Veterinary Inspection (CVI).

(B) Official Identification. Unless excepted, all out-of-state origin goats are required to be identified using official identification.

(C) Permit Requirements. Out-of-state origin goats must meet the permit requirements contained in §51.11 and §51.12 of this title (relating to Goats and relating to Sheep).

(D) Testing Requirements. Out-of-State origin goats must meet the testing requirements contained in §51.11 and §51.12 of this title.

(5) Poultry and Domestic Fowl

(A) Certificate of Veterinary Inspection. All out-of-state origin poultry and domestic fowl entering Texas to be exhibited must have a valid Certificate of Veterinary Inspection (CVI).

(B) Permit Requirements. All poultry and domestic fowl entering Texas to be exhibited must have an entry permit issued by the Commission.

(C) Testing Requirements. All out-of-state origin poultry must meet the testing requirements contained in §51.15 and §57.11 of this title (relating to Poultry and relating to General Requirements).

(D) Sale of Exhibition Poultry and Domestic Fowl. All out-of-state sellers of live poultry and domestic fowl who do not participate in a qualifying disease surveillance program recognized by the Commission must register under Chapter 54 of this title.

(6) Sheep

(A) Certificate of Veterinary Inspection. All out-of-state origin sheep must have a valid Certificate of Veterinary Inspection (CVI).

(B) Official Identification. All out-of-state origin sheep are required to be identified using official identification.

(D) Testing Requirements. Out-of-State origin sheep must meet the testing requirements contained in §51.12 of this title.

(7) Swine

(A) Certificate of Veterinary Inspection. All out-of-state origin swine must have a valid Certificate of Veterinary Inspection (CVI) that includes the certifications required by §51.14(a) of this title (relating to Swine).

(B) Official Identification. All out-of-state origin swine are required to be identified using official identification.

(C) Testing Requirements. All out-of-state origin swine must meet testing requirements contained in §51.14 of this title.

(D) Vaccination Requirements. All out-of-state origin breeding swine (sexually intact swine, 6 months of age or older) must have a Leptospirosis vaccination within 30 days prior to the event. The vaccine must contain the following strains: Canicola, Hardjo, Icterohaemorrhagiae, Grippotyphosa, and Pomona. Vaccination status should be recorded on the CVI.

(1) Cattle

(A) Official Identification. All dairy breed cattle, including steers and spayed heifers, and all breeding bulls 12 months of age or older must be identified using official identification.

(B) Testing Requirements. Texas origin dairy cattle are not required to test for tuberculosis to participate in a show, fair or exhibition within this state.

(C) Sale of Exhibition Bulls. Any Texas origin bulls changing possession at the event must meet the Trichomoniasis testing requirements contained §38.2 of this title (relating to General Requirements).

(2) Equine

(A) A Certificate of Veterinary Inspection is required for Texas origin entering a parimutuel racetrack.

(B) Testing Requirements.

(i) Equine Infectious Anemia (EIA). All equine must have one of the following: proof of a negative results to an official Equine Infection Anemia (EIA) test within the previous 12 months month if travelling on a Certificate of Veterinary Inspection (CVI); or a valid equine interstate passport; or equine identification card.

(ii) Piroplasmosis. Equine entering a racetrack facility must meet the Piroplasmosis requirements for testing in §49.5 of this title.

(3) Exotic Livestock and Fowl

(A) Official Identification.

(i) Texas origin Chronic Wasting Disease (CWD) susceptible cervids must be identified using official identification.

(ii) Exhibition ratites offered for sale must be identified using official identification.

(B) Sale of Exhibition Exotic Fowl. All sellers of live exotic fowl who do not participate in a qualifying disease surveillance program recognized by the Commission must register under Chapter 54 of this title.

(4) Goats. Unless excepted under §60.2 of this title (relating to Animal Identification and Record Keeping), all Texas origin goats are required to be identified using official identification.

(5) Poultry and Domestic Fowl

(A) Testing Requirements.

(i) Pullorum-Typhoid (PT) Test. Poultry must originate from flocks or hatcheries free of pullorum disease and fowl typhoid or have a negative PT test within 30 days before exhibition.

(ii) Laryngotracheitis (LT) Test. Poultry must originate from areas where LT has not been active in the past 30 days, and poultry must not have been vaccinated with the modified live chick-embryo origin LT vaccine or the modified live MG- attenuated vaccine.

(B) Sale of Exhibition Poultry and Domestic Fowl. All sellers of live poultry and domestic fowl who do not participate in a qualifying disease surveillance program recognized by the Commission must register under Chapter 54 of this title.

(6) Sheep

(A) Official Identification. Unless excepted under §60.2 of this title, all Texas origin sheep are required to be identified using official identification.

(B) Testing Requirements. Texas origin breeding rams may enter shows, fairs, and exhibitions without a test for Brucella ovis.

(7) Swine

(A) Official Identification. Texas origin breeding swine changing ownership must be identified using official identification.

(B) Testing Requirements. Prior to change of ownership, all swine must meet testing requirements contained in §55.1(b) of this title (relating to Testing Breeding Swine Prior to Sale or Change of Ownership). Texas origin swine entered in terminal shows are exempt from brucellosis and pseudorabies testing requirements.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 9, 2025.

TRD-202501600

Jeanine Coggeshall

General Counsel

Texas Animal Health Commission

Effective date: May 29, 2025

Proposal publication date: March 14, 2025

For further information, please call: (512) 839-0511